THE CORPORATION OF THE TOWNSHIP OF MUSKOKA LAKES MINUTES OF COMMITTEE OF ADJUSTMENT A Meeting of the Committee of Adjustment was held on Wednesday, January 14, 2004 at 9:00 a.m., in the Council Chambers, Municipal Offices, Port Carling, Ontario. PRESENT: Members: Officials Present: Adele Fairfield- Chair Karen Ellis S. Fahner - Secretary Treasurer Nancy Thompson A. Glazier - Committee of Adjustment Administrator Mary Grady C. Minty - Planning Administrative Assistant Ian Wallace left @ 10:11, arr. @10:25 a.m. Susan Pryke left @ 9:50, arr. @ 10:44 a.m. Ruth Nishikawa Stewart Martin Don Goltz Brian Hare Regrets: 1. Meeting Called to Order Chair Fairfield called the meeting to order at 9:00 a.m. 2. Declaration of Conflict of Interest Member Wallace declared a conflict of interest re: Item 5.c.(Walker/Martonfi) and 5.d. (Reid). 3. Adoption of Minutes a. A copy of the Minutes dated December 10, 2003, is attached. Resolution Number: CA-01-13/01/2004 Member Thompson – Member Martin: Be it resolved that the minutes dated December 10, 2003 be adopted and approved as circulated. Carried. 4. Delegations a. Nil. 5. Hearing of Consent Applications (In Conjunction with Zoning Amendment Applications) a. B/91/94/03/ML, Greer, Part of Lot 11, Concession 13, (Watt), 2-22-041-01. A copy of the report was attached to the agenda. Mr. Fahner explained the history, nature and location of the application/property. Minutes – Committee of Adjustment – January 14, 2004, Page #1 Minutes – Committee of Adjustment – January 14, 2004 Notice of the Hearing was circulated 16 days prior. Submissions were received as follows: i) Letter from the District Municipality of Muskoka, Planning and Economic Development Department. Mr. Fahner read the letter aloud, a copy of which is attached. ii) Memo received from Sandy Bos, Building Inspector. Mr. Fahner read the memo aloud, a copy of which is attached. iii) Letters were received from the following people. Mr. Fahner read the letters aloud, copies of the letters are attached. • Gilda Greer • Andrew Multzer • Iris and Grant Greer Mr. Fahner noted that staff had concerns that were alluded to in the District’s comments re: the size of the lots. The Official Plan requires a minimum of 400 feet of frontage and, therefore, staff could not support the application. Mr. Kevin Greer, 1526 Norwood Avenue, Burlington, Ontario attended the meeting. Mr. Greer stated that two smaller cottages on the proposed severed lots would have far less impact than one large cottage, the distance from the shoreline to the proposed location of the cottage is significant and moving the right of way would be no problem. Mr. Ed Olsen, RR#1, Utterson, Ontario attended the meeting in support of the application. Mr. Olsen stated that his family has owned neighbouring lands since 1878 and had no objection to the application. Mr. William Hayes, 737 Limeridge Road, Hamilton, Ontario attended the meeting in support of the application. No one attended the meeting in opposition to the application. Member Nishikawa noted her concerns with the septic requirements on the lot. Mr. Fahner stated that the Building Department comment on Class 4F septic systems. If an applicant wishes a different system, then an engineering report would be required. Mr. Bos had indicated that Class 4F septic system could be installed on both of the proposed lots but the locations are very restrictive. In answer to Member Pryke’s questions, Mr. Greer showed the location of the proposed development for severed lot # 1. He indicated that development is not proposed for severed lot # 2. Mr. Fahner stated that it is not staff’s preference to rezone the (OS2) zoning, however, anyone can make an application. Ms. Iris Greer, RR # 1, Fish Hatchery Road, attended the meeting in support of the application. Ms. Greer stated that the proposed severed lots are approximately 1/3 of a mile from the Township Road. In answer to Member Thompson’s question, Mr. Fahner stated that Committee cannot create a lot that does not comply with the By-law, if the zoning was to remain (WR6). Minutes – Committee of Adjustment – January 14, 2004, Page #2 Minutes – Committee of Adjustment – January 14, 2004 Mr. Greer asked Committee if they would be satisfied if the proposed retained lot was attached to the proposed severed # 1. Mr. Fahner cautioned Committee and explained that a frontage requirement is the more important issue regarding density along the waterfront. Members from a previous Committee recalled the Beckett applications that were initially denied (also on Skeleton Lake). In answer to Member Pryke’s question, Mr. Fahner stated that an Official Plan Amendment application would be required. In answer to Member Hare’s question, Mr. Fahner stated that the lots to the North East of the property are zoned WR1 but are pre-existing lots. Member Thompson did not offer her support to deny the application. She felt the slopes and narrow waterbody is questionable. The proposal is inkeeping with the character of the area, is a heritage property and there were no neighbouring concerns. Mayor Pryke commented that the District of Muskoka did not offer their support of the proposal and is the approval authority for an Official Plan Amendment. She could not support the proposal. Resolution Number: CA-02-14/01/2004 Member Wallace – Member Hare: Be it resolved that Consent be denied for Application B/91/94/03/ML, (Greer) due to the policy requirements for steep slopes and narrow waterbodies. Carried. b. B/93/03/ML, Alford, Part of Cameron Island, Lake Joseph, (Medora), 4-25-029. A copy of the report was attached to the agenda. Mr. Fahner explained the history, nature and location of the application/property. Notice of the Hearing was circulated 23 days prior. Submissions were received as follows: i) Letter from the District Municipality of Muskoka, Planning and Economic Development Department. Mr. Fahner read the letter aloud, a copy of which is attached. ii) Memo received from Sandy Bos, Building Inspector. Mr. Fahner read the memo aloud, a copy of which is attached. Staff had no objection provided all conditions are met. Mr. Nick Roche, Lee, Roche & Kelly, Box 990, Bracebridge, Ontario P1L 1V2 attended as agent for the application to answer any questions. No one attended the meeting in support or in opposition to the application. In answer to Member Nishikawa’s question, Mr. Roche stated that there is a private agreement between the vendor and purchaser that no new lots can be created for 20 years. Minutes – Committee of Adjustment – January 14, 2004, Page #3 Minutes – Committee of Adjustment – January 14, 2004 Resolution Number: CA-03-14/01/2004 Member Martin – Member Thompson: Be it resolved that Consent be granted for Application B/93/03/ML, (Alford), provided the following conditions are fulfilled: 1. A registrable description (deed) of the severed lot (including all required rights-of-way) be submitted to the Secretary-Treasurer along with a registered copy of the reference plan. 2. Confirmation that the Township is satisfied that the severed and retained lots are satisfactory for on-site sewage disposal and that any problems identified with any existing sewage systems be corrected to the satisfaction of the Township. 3. That cash-in-lieu of parkland be dedicated to the Township in the amount of 5% of the assessed value of the newly created vacant lot, or the entire lands, whichever is less. 4. The applicant enters into a Consent Agreement with the Township under Section 51(26) of the Planning Act, wherein the applicants agree not to utilize public parking and docking facilities as the principal means of access to the subject property. This Agreement is to be registered on title. 5. The subject lands be brought into conformity with the Zoning By-law by means of an exemption to the By-law for lot frontage and area and by rescinding Section 1i) of By-law 96-172. 6. That mainland access be confirmed. REASONS: This application will conform with the requirements of Comprehensive Zoning By-law 87-87, as amended, the Township Official Plan and the District Municipality of Muskoka Official Plan. Pursuant to Section 41 of Section 53 of the Planning Act, all conditions imposed must be fulfilled within one year from the date of the sending of the Notice of Decision or the application is deemed to be refused. It is a requirement that all conditions imposed be fulfilled prior to the granting of this consent and the giving by the Secretary-Treasurer of the certificate provided for in Subsection 42 of Section 53 of the Planning Act, (R.S.O., 1990, Chapter P.13, as amended). Carried. c. B/95/03/ML, Walker/Martonfi, Part of Lot 5, Concession 14, (Medora), 4-8-019. A copy of the report was attached to the agenda. Minutes – Committee of Adjustment – January 14, 2004, Page #4 Minutes – Committee of Adjustment – January 14, 2004 Mr. Fahner explained the history, nature and location of the application/property. Notice of the Hearing was circulated 23 days prior. Submissions were received as follows: i) Letter from the District Municipality of Muskoka, Planning and Economic Development Department. Mr. Fahner read the letter aloud, a copy of which is attached. ii) Memo received from Sandy Bos, Building Inspector. Mr. Fahner read the memo aloud, a copy of which is attached. Staff had no objection provided all conditions are met. Staff had used the existing lot of record provision for a division of existing uses as the main reason for the recommendation as the lots had inadvertently merged together in the year 2000. Mr. John Walker, 50 Rowley Avenue, Toronto, Ontario M4P 2T4 attended the meeting.